Criminal Law: Criminal Law: 

LEGAL GUIDELINESLEGAL GUIDELINES

Amendments: ReviewAmendments: Review

44th Amendment—Protects against th Amendment—Protects against illegal illegal searchessearches and and seizuresseizures..

55th Amendment—Protects against th Amendment—Protects against self-incriminationself-incrimination and guarantees and guarantees the right to the right to counselcounsel..

Amendments: ReviewAmendments: Review

66th Amendment—Protects the rights th Amendment—Protects the rights to a to a speedyspeedy trial, impartial trial, impartial juryjury, and , and confrontingconfronting witnesses. witnesses.

88th Amendment—Protects against th Amendment—Protects against cruelcruel and unusual and unusual punishmentpunishment and and prevents prevents excessive bail.excessive bail.

Amendments: ReviewAmendments: Review

1414th Amendment—Protects the rights th Amendment—Protects the rights to to DUEDUE PROCESSPROCESS. “no state shall . “no state shall deprive any person of life, liberty, or deprive any person of life, liberty, or property without due process of law”.property without due process of law”.

Exclusionary RuleExclusionary Rule

A court created doctrine designed to A court created doctrine designed to protectprotect the rights of the the rights of the 44th th Amendment.Amendment.

Violations committed by private Violations committed by private individuals individuals are notare not protected by the rule. protected by the rule.

Evidence may be suppressed if it has Evidence may be suppressed if it has been obtained been obtained illegallyillegally..

Purpose: to Purpose: to deter/preventdeter/prevent violations violations committed by the police.committed by the police.

Exceptions to the Exceptions to the Exclusionary RuleExclusionary Rule

The “The “GoodGood FaithFaith” Exception—If an officer ” Exception—If an officer acts in a good faith and reasonable acts in a good faith and reasonable manner but the evidence was obtained manner but the evidence was obtained unlawfully, evidence is still permitted. unlawfully, evidence is still permitted. 

InevitableInevitable Discovery—If the Discovery—If the evidenceevidence would have been found anyway, it is would have been found anyway, it is permitted.permitted. IE: “combing a crime scene” or “search IE: “combing a crime scene” or “search

parties”.parties”.

3 Levels of Police 3 Levels of Police EncountersEncounters

1.1.ConsensualConsensual EncountersEncounters - - A.A. Police Police MAYMAY approach citizens approach citizens on on

the street the street and ask questionsand ask questions. . B.B. Questions must be Questions must be briefbrief and in NO and in NO

WAY harassing, intimidating, or coerciveWAY harassing, intimidating, or coercive.. C.C. Officers Officers MAYMAY NOTNOT restrain the restrain the

freedom or give the impression the person freedom or give the impression the person will be detainedwill be detained if they fail to respond if they fail to respond appropriately.appropriately.

D.D. A consensual encounter A consensual encounter CANCAN lead lead to ‘reasonable suspicion’to ‘reasonable suspicion’ which causes a which causes a need for temporary detainment for further need for temporary detainment for further investigation. investigation.

Consensual Encounters Consensual Encounters

A person has been seized only if… a A person has been seized only if… a reasonablereasonable personperson would have would have believed that he or she was not free to believed that he or she was not free to leave.leave.

3 Levels of Police 3 Levels of Police EncountersEncounters

2.2. Seizure— Seizure—TemporaryTemporary DetainmentDetainment A.A. Is the “Is the “TerryTerry Stop” Stop” B.B. Terry vs. Ohio ruled that an Terry vs. Ohio ruled that an

officer officer MAYMAY STOPSTOP an individual and an individual and briefly detain them if there is a sufficient briefly detain them if there is a sufficient reason.reason.

C.C. Requires Requires lessless than probable than probable cause.cause.

D.D. Officers must articulate the Officers must articulate the reason for the stopreason for the stop...cannot be a haunch, ...cannot be a haunch, a sixth sense, a rumor, or unreliable a sixth sense, a rumor, or unreliable informant.informant.

Seizure—Temporary Seizure—Temporary DetainmentDetainment

E.E. Officers Officers MAYMAY use force to use force to detaindetain by physical restraint, threat by physical restraint, threat of force, or assertion of authority.of force, or assertion of authority.

F.F. HandcuffingHandcuffing does not render does not render every seizure an arrest.every seizure an arrest.

G.G. Length of detention is not set Length of detention is not set as long as the officer as long as the officer can articulate can articulate justificationjustification for the time detained. for the time detained.

3 Levels of Police 3 Levels of Police EncountersEncounters

3.3. Seizure— Seizure—ArrestArrest A.A. ProbableProbable CauseCause MUST be MUST be

presentpresent.. B.B. A A magistrate judge willmagistrate judge will

determine if there is sufficient determine if there is sufficient probable cause and will probable cause and will issue an issue an arrestarrest warrant.warrant.

Seizure—Seizure—ArrestArrest

C.C. A A warrantlesswarrantless arrest may be made if… arrest may be made if…

i. officer received reliable i. officer received reliable info from a info from a reliable reliable source. source.

ii. ii. officer witnessed the offenseofficer witnessed the offense or or committed committed in the general presence of in the general presence of an officeran officer

iii. iii. Admission or confession to an Admission or confession to an officerofficer

iv. iv. Escape, Family Violence, “Failure of Escape, Family Violence, “Failure of Justice” Justice” may be reasons for may be reasons for

warrantless warrantless arrests arrests